Category: Legislative Updates

We are preparing for the American Veterinary Medical Association (AVMA) Summer Session for the House of Delegates which will begin prior to the AVMA Convention – “A Monumental Experience.”

Here are the highlights for our session beginning on Thursday August 1, 2019 in Washington DC:

2019 D.C. Hill Visits: Because we are in DC, we are planning on visiting our legislators to discuss the issues that are important to the AVMA and the veterinary profession. With over 200 individual meetings, this will be the largest veterinary event on Capitol Hill ever conducted by the AVMA!

We are scheduled to meet with Hawaii’s Members of Congress or their staff – Senators Mazie Hirono and Brian Schatz; Representatives Ed Case and Tulsi Gabbard. We will be focusing on three issues for the visits: Veterinary Medicine Loan Repayment Enhancement Act (VMLRPEA); Fairness to Pet Owners Act (FTPOA) and Association Health Plans Act (AHP).

Resolutions to be discussed and voted by the House of Delegates:a) Model Veterinary Practice Act: The AVMA adopt the revised policy Model Veterinary Practice Actb) Revised Policy on Judicious Therapeutic Use of Antimicrobialsc) Revised joint AABP-AVMA Policy on Judicious Therapeutic Use of Antimicrobials in Cattled) Sexual Harassment Awarenesse) Revised Policy on Pet Heath Insurancef) Revised Policy on Veterinary Dentistry

§4-66-54 of the Hawaii Administrative Rules is being updated by the Hawaii Department of Agriculture Pesticides branch to mandate that “every retailer that sells or distributes pesticide products to the public shall prominently post within ten feet of any pesticide product display or sales area, a warning sign that includes:

Information regarding the proper handling, storage, and disposal of all pesticides sold;

Emergency telephone numbers to call in case of poisoning from the pesticides; and

A statement that use of any pesticide product in a manner inconsistent with its label is prohibited by law.

The warning sign shall be no less than seventeen inches by twenty two inches and contain lettering of sufficient size, no less than sixteen point bold type, which will enable the sign to be read from a distance of six feet under all lighting conditions normally encountered during business hours.”

The rules have not yet been signed as law by the governor but are expected to be signed some time in the May-June timeframe. These rules will affect retailers that sell pesticides in any form (flea collars, topical medicine, etc.).

Sample signage wording below:

For the proper handling, storage, and disposal of a pesticide product as required by Federal and State law, please refer to its label.

In case of pesticide poisoning, please call the National Poison Control Center at 1-800-222-1222.

It is a violation of Federal and State law to use any pesticide product in a manner inconsistent with its label.

Rule amendments to Chapter 4-29, HAR recently received final approval from the Governor and will become effective on August 31, 2018. A summary of the more significant changes follows. The complete Chapter 4-29, HAR with amendments is located on the Hawaii Department of Agriculture’s website at: http://hdoa.hawaii.gov/ under the Administrative Rules tab. The Animal Quarantine information page (access by clicking on the Animal Quarantine tab) has been updated and new checklists added to assist with preparing a dog or cat for the 5 Day or Less program and Direct Airport Release.

Exact Changes Made:

A. Section 4-29-2 Definitions
The definition “Service Animal” is added and the definitions of “Service Dog” and “User” are amended to reflect the definition of service animals under current Federal ADA language.

The definition “Eligibility Date” or “Eligible Date” is added for clarification of terminology and means the date determined by the State that an animal may qualify for five day or less quarantine by meeting all the specified requirements.

“Qualification date” is added for clarification and means the date determined by the state that an animal may be released from quarantine by meeting all the specified requirements under Chapter 4-29, HAR.
The definition “Safeguard” is added and means to confine and handle animals so that the animals shall not come into physical contact with any other animal, or cause a potential human exposure, at any time. The location and method of confinement and handling shall be approved by the state.

“Veterinary Hospital” is added for clarification and means an office or building designated for the sole purpose of providing veterinary examinations, diagnostics, and medical and surgical treatments of animals operated by a veterinarian licensed to practice in Hawaii.

B. Section 4-29-8.1 Other requirements
Changes are made to: Reduce the minimum time required from the most recently administered rabies vaccine before arrival in Hawaii from 90 days to 30 days;

Modify the minimum time required from a successful OIE-RVA test by reducing the period from the test before arrival in Hawaii from 120 to 30 days; and

Another amendment is added that owners are required to register their pet’s microchip number with the local county humane society or local animal welfare organization. Other changes are made throughout the section for clarification.

C. Section 4-29-8.3 Movement of dogs and cats requiring urgent diagnostic, medical or surgical procedures not available in Hawaii
A new subsection (b) is made to establish requirements for the importation of cloned animals derived from donor tissue originating in Hawaii into the state without quarantine. This provision allows application of advances in science and technology to qualify as a low risk category for import. Requirements for the cloning facility, veterinary management, brood stock, clone animal preparation, transportation and procedures are included.

J. Section 4-29-11 State animal quarantine station
Changes add that admission to the station may be denied to anyone that is not listed as an owner, co-owner, registered handler or authorized visitor on the record of an animal quarantined in the quarantine station. This change will increase biosecurity and minimize the potential of introducing diseases into the station.

An amendment is added to clarify that station veterinarians are authorized to refer an animal to a veterinary facility for diagnostics and treatment not available at the Station with or without prior owner authorization or approval. This is for situations when owners are not available and/or referral is in the best interest of the animal.

K. Section 4-29-17 Fees at the animal quarantine station.
Changes are made to fees for Five-day or less quarantine, Direct airport release, Neighbor Island Inspection Permit (NIIP) and Re-entry fee with direct airport release and ground transportation on Oahu are made. The total new fees for Five­day or less quarantine being $244 (currently $224); Direct airport release total fee of $185 (currently $165); NIIP fee of $165 (currently $145), and Reentry fee with direct airport release of $98 (currently $78).

L. Throughout Chapter 4-29, HAR, the term “service dog” is changed to “service animal” to reflect current Federal ADA language.

WHAT DOES THIS LAW DO?
This is a title protection law only. Meaning that, as of July 1, 2018, only people who have registered with the state of Hawaii can use the title veterinary technician, vet tech, CVT, LVT, or RVT.

This includes on name tags, websites, business cards, etc. All staff members can perform the same tasks, but in order to use the title “veterinary technician”, he or she must be an RVT in the state of Hawaii.
Visit https://hvta.org/rvt-in-hi-faq/ for more details.

I AM A VETERINARIAN. WHAT DOES THIS LAW MEAN FOR ME?
For eligible employees to grandfather in, you’ll check off skills and hours on the Hawaii Experience Verification form and have it notarized. Eligible employees will need 5 years practical experience in Hawaii to sit for the Vet Tech National Exam.

Your employees can still do all the skills and tasks that they’ve been performing, but until they register in Hawaii, they cannot use the title “vet tech” or “veterinary technician”.

WANT TO HELP YOUR STAFF BECOME RVTs?
Awesome! The VTNE is a challenging exam, and you can help prepare them. Quiz them, ask them to do drug & fluid calculations, include them in your complicated cases, help pay their fees, and encourage them to attend HVTA’s study sessions.
Visit https://hvta.org/study-sessions-vtne-prep/ for more info.

THREE PATHS TO RVT
1. If already credentialed in another state: transfer VTNE scores, send license verification to DCCA.
2. If graduate of an AVMA accredited vet tech program: pass the VTNE with HI as your state.
3. Alternate Path (aka “grandfathering”): available now through July 2021 for on-the-job-trained technicians with 5+ years of experience in Hawaii, need notarized form from veterinarian, pass the VTNE with HI as your state.

For more information, see the Department of Commerce and Consumer Affairs (DCCA) Vet Tech page.

SB 2461

1. Creates the offense of misrepresenting a service animal if a person knowingly misrepresents as a service animal any animal that does not meet the requirements of a service animal;

2. Specifies that this offense is a misdemeanor punishable by no more than 6 months in jail and a fine of no less than $250 but no more than $2,000 for the second offense and each offense thereafter;

3. Changes the term service dog to service animal; and

4. Amends the definition of a service animal to conform with the Americans with Disabilities Act of 1990.

HB 2081

July 18, 2018
Signed into law

This new law:

1. Appropriates funds to the Department of Land and Natural Resources in order to provide assistance and additional funding to the National Wildlife Research Center of the U.S. Department of Agriculture; and

2. Specifies that this appropriation allows the Department of Agriculture to conduct pilot field studies to evaluate control tools and develop a management plan for reducing the rose-ringed parakeet population on Kauai.

Applications for licensing registration as a RVT in Hawaii are available online here.

Senate Bill 2671 passed in 2016 which set the following requirements to qualify as a veterinary technician in Hawaii:

Be at least 18 years of age

Have successfully passed the Veterinary Technican National Examination

Meets at least ONE of the following conditions:

Has successfully completed a course of study at a program for veterinary technology accredited by the AVMA committee on Veterinary Technician Education and Activities;

Be licensed, certified, or registered veterinary technician in good standing in another state having standards for registration comparable to those in this State; or

Prior to July 1, 2021, submits a notarized document from an employer who is a licensed veterinarian and who certifies that applicant has five or more years ofpractical experience in Hawaii; provided that no reciprocity shall be given for practical experience gained outside of the State.

Legislative Update 2018 Session

Establishes and appropriates funds for one full-time equivalent permanent veterinary medical officer position within the Department of Health. HVMA SUPPORTS.

Failed in Senate

HB1823

Defines emotional support animals and makes it a misdemeanor to knowingly make a misrepresentation regarding a service dog or emotional support animal.

Failed in House

HB2060

Removes the word “Examiners” from the names of the State Board of Chiropractic Examiners, Board of Dental Examiners, Board of Examiners in Optometry, and Board of Veterinary Examiners. Renames the boards with titles that more accurately reflect their scope and duties. HVMA defers to BVE stance.

Failed in Conference Committee

HB2081
SB2566

Appropriates funds to the Department of Land and Natural Resources to provide assistance and supplemental funding to the National Wildlife Research Center of the U.S. Department of Agriculture to conduct pilot field studies to evaluate control tools and develop a management plan to reduce the rose-ringed parakeet population on Kauai.

Requires persons convicted of animal cruelty to register with the attorney general. Requires animal shelters, animal breeders, and pet stores to check whether an individual has been convicted of animal abuse when the individual applies to work or volunteer, or purchases or adopts an animal. Establishes penalties. Prevents persons convicted of animal cruelty from possessing, owning, or working in close proximity to animals. Requires police officers to be trained in identifying and investigating animal abuse.

Failed in Senate

SB2289

Establishes the offense of sexual assault of an animal. Provides for impoundment and forfeiture of a sexually assaulted animal.

Not heard

SB2435
HB2593

Requires the Department of Health to contract with a nonprofit animal rescue group to oversee caretakers of feral cats. Exempts registered caretakers of feral cats from state laws and county ordinances relating to the feeding and confinement of cats. Establishes a trap-sterilize-return process.

Failed

SB2461

Establishes the offense of “misrepresentation of a service animal”. Changes the term “service dog” to “service animal” and amends the definition of that term to conform with the Americans with Disabilities Act of 1990

Passed; Signed into law by Governor

SB2929

Establishes the Hawaii spay/neuter council to be administratively attached to the department of Commerce and Consumer Affairs. Establishes the Hawaii spay/neuter special fund. Imposes a fee on pet food to support the Hawaii spay/neuter grant program to spay and neuter dogs and cats. Makes an appropriation.

Not heard

HB2072

Prohibits certain restraints and tethers that endanger, or deny sustenance, to a dog. Adjusted penalties.

Failed in Conference Committee

SB2260

Requires veterinarians, upon request of the owner of an animal, to make available a copy of any prescription that the veterinarian has previously prescribed the animal free of charge. HVMA OPPOSED.

HVMA Opposes SB2260

SB2260 requires veterinarians, upon request of the owner of an animal, to make available a copy of any prescription that the veterinarian has previously prescribed the animal free of charge. This bill will have a public hearing on Tuesday February 20, 2018 at9:00AM at the Hawaii State Capitol conference room 229 by the Senate Committee on Commerce, Consumer Protection, and Health. Read the complete bill text (brief) here.

HVMA opposes SB2260 because it places unnecessary legislative burden on veterinarians and is of questionable value to the public. According to Hawaii Revised Statutes 471-10, licensed veterinarians in Hawaii are required to practice by “the recognized principles of medical ethics of the veterinary profession as adopted by the Hawaii Veterinary Medical Association and the American Veterinary Medical Association”. According to the AVMA Principles of Veterinary Medical Ethics Section V.b.iii., “Veterinarians are obligated to provide copies or summaries of medical records when requested by the client.” Prior prescription information is already contained within a patient’s medical record and available upon request by the client (owner of the animal). In regards to current prescriptions, Section VII.f.iii. states: “Veterinarians are entitled to charge fees for their professional services: A veterinarian shall honor a client’s request for a prescription or veterinary feed directive in lieu of dispensing, but may charge a fee for this service.” AVMA’s Policy on Client Requests for Prescriptions states: “Veterinarians shall honor client requests to prescribe rather than dispense a drug (AVMA Principles of Veterinary Medical Ethics). The client has the option of filling a prescription at any pharmacy.”

Please make the voice of veterinarians heard and submit your testimony today:
1. Go to the Hawaii State Legislature website.
2. In the upper right hand corner, either “Sign In” to your account or “Register” if you do not have an account.
3. Once signed in, click on “Submit Testimony” (first orange button in the middle of the page).
4. Under “Enter Bill or Measure” enter SB2260 and click “Get Hearing”.
5. Complete your testimony submission (you may upload a document or enter your testimony directly on the webpage) and click “Submit”.
6. Feel good about participating in the legislative process and shaping the practice of veterinary medicine in Hawaii!

Other Current Pending Legislation

HB2498 – Establishes and appropriates funds for one full-time equivalent permanent veterinary medical officer position within the Department of Health. HVMA SUPPORTS.

HB1823 – Defines emotional support animals and makes it a misdemeanor to knowingly make a misrepresentation regarding a service dog or emotional support animal.

HB2060 – Removes the word “Examiners” from the names of the State Board of Chiropractic Examiners, Board of Dental Examiners, Board of Examiners in Optometry, and Board of Veterinary Examiners. Renames the boards with titles that more accurately reflect their scope and duties. HVMA defers to BVE stance.

HB2081/SB2566 – Appropriates funds to the Department of Land and Natural Resources to provide assistance and supplemental funding to the National Wildlife Research Center of the U.S. Department of Agriculture to conduct pilot field studies to evaluate control tools and develop a management plan to reduce the rose-ringed parakeet population on Kauai.

SB2014 – Requires persons convicted of animal cruelty to register with the attorney general. Requires animal shelters, animal breeders, and pet stores to check whether an individual has been convicted of animal abuse when the individual applies to work or volunteer, or purchases or adopts an animal. Establishes penalties. Prevents persons convicted of animal cruelty from possessing, owning, or working in close proximity to animals. Requires police officers to be trained in identifying and investigating animal abuse.

SB2289 – Establishes the offense of sexual assault of an animal. Provides for impoundment and forfeiture of a sexually assaulted animal.

SB2435 – Requires the Department of Health to contract with a nonprofit animal rescue group to oversee caretakers of feral cats. Exempts registered caretakers of feral cats from state laws and county ordinances relating to the feeding and confinement of cats. Establishes a trap-sterilize-return process.

SB2461 – Establishes the offense of “misrepresentation of a service animal”. Changes the term “service dog” to “service animal” and amends the definition of that term to conform with the Americans with Disabilities Act of 1990

SB2929 – Establishes the Hawaii spay/neuter council to be administratively attached to the department of Commerce and Consumer Affairs. Establishes the Hawaii spay/neuter special fund. Imposes a fee on pet food to support the Hawaii spay/neuter grant program to spay and neuter dogs and cats. Makes an appropriation.

Two major bills were passed with the support of the HVMA last year and have been signed into law by Governor Ige.

Legislative Act 147 (SB2671) will go into effect July 1, 2018. This legislation recognizes veterinary technicians as qualified professionals. It is a title protection law and restricts the use of the title “veterinary technician” to those who have passed the national board exam and met the state of Hawaii requirements for the profession. The law does not place restrictions on what duties can be performed by technician or other staff supervised by a licensed veterinarian. Encourage your technical staff to research both the traditional path (through completion of an accredited program) and the alternate pathway to becoming registered veterinary technicians. The alternate pathway provides potential registration eligibility for those who have been working at least 5 years in Hawaii veterinary practices and meet the requirements. This pathway will only be available prior to July 1, 2021. All registered veterinary technicians are required to pass the Veterinary Technician National Exam. Hawaii will also recognize technicians licensed/registered in other states. For more information visit http://www.capitol.hawaii.gov/session2016/bills/SB2671_CD1_.pdf

Legislative Act (SB 2915) was signed by Governor Ige and controlled substances reporting is now much easier for veterinarians! Thanks to the exemption for veterinarians weekly electronic reporting is no longer required. A HUGE thank you goes to Dr. Ako for leading efforts on this bill. And to Dr. Yoshicedo for managing communications to the members so they could provide much needed testimony.

The use of certain antibiotics in medicated feed for food-production animals will be considered a ‘veterinary feed directive’ or a ‘prescription medication’ starting January 1, 2017. If you have questions, or want to be added to the list of veterinarians who can a feed directive for clients, please contact the University of Hawaii’s Extension Veterinarian, Jenee Odani, at 956-3847 or jsodani@hawaii.edu.